0931_ss_FINAL_050409

3060-0931

June 2009

SUPPORTING STATEMENT

A. Justification:

1. The information collection is necessary to require owners of marine VHF radios with Digital Selective Calling (DSC) capability to register information such as name, address, type of vessel with a private entity issuing marine mobile service identities (MMSI). The Commission collects this information and assigns MMSIs through the ship station licensing process, however, those ship stations operating domestically are not required to obtain an individual license and are licensed by rule. The Commission developed procedures to privatize the issuance of MMSIs by providing blocks of MMSI numbers to qualified entities for distribution to ship vessel operators that are not required by law to carry a radio and do not make international voyages or communications.

The Commission has a Memorandum of Understanding (MOU) with the U.S. Coast Guard and the private entities to collect the data that is on Attachment A. The information would be used by search and rescue personnel to identify vessels in distress and to select the proper rescue units and search methods. The requirement to collect this information is not contained in a formal FCC order, but in the agreements the FCC executes with private sector entities that issue MMSIs and 47 CFR 80.103, which requires ship owners using VHF radios with DSC to have an MMSI. 

This information collection contains personally identifiable information on individuals (PII).

1. The FCC maintains a system of records notice (SORN), FCC/WTB-1, “Wireless Services Licensing Records,” that covers the collection, purpose(s), storage, safeguards, and disposal of the PII that marine VHF radio licensees maintain under 47 CFR 80.103.

2. The FCC published this SORN on April 5, 2006 (71 FR 17234, 17269).

3. The FCC completed a Privacy Impact Assessment (PIA) as required by OMB Memorandum, M-03-22 (September 22, 2003) on November 5, 2008. The PIA may be viewed on the FCC’s Privacy Act webpage at: http://www.fcc.gov/omd/privacyact/System_of_records/pia-uls.pdf.

There is no statutory authority for this information collection. The reporting requirement is in international agreements and ITU-R M.541-9 (attached in this submission to the OMB).

The Commission is requesting an extension of the current OMB approval for this information collection. There is no change to the third party disclosure requirement and/or occasion reporting requirement. There is a significant increase in the number of respondents/responses since this was submitted to OMB in 2006. The Commission is reporting 38,000 increase in respondents/responses and 9,000 total annual burden hours. This adjusted increase is due to re-estimate of the number of responses.

2. The information is used by private entities to maintain a database used to provide information about the vessel owner in distress using marine VHF radios with DSC capability. If the collection were not conducted, the U.S. Coast Guard would not have access to this information which would increase the time needed to complete a search and rescue operation.

3. The information under this control number is collected electronically using a web-based system to enter the information described in the MMSI MOU Attachment A.

4. This agency does not impose a similar information collection on the respondents. There are no similar data available.

5. In conformance with the Paperwork Reduction Act of 1995, the Commission is making an effort to minimize the burden on all respondents, regardless of size. The Commission has limited the information requirements to those absolutely necessary for evaluating and processing each application and to deter against possible abuses of the processes.

6. This information collection is only required when a vessel owner purchases a marine VHF radios DSC capability, or changes name or address. If the collection was conducted less frequently, i.e., not at all, the private entity's data base would become inaccurate and unreliable, and hinder the ability of search and rescue personnel in their operations.

7. There are no special circumstances which would require collections to be conducted in a manner inconsistent with the guidelines in 5 CFR 1320.6.

8. The Commission initiated a 60-day public comment period which appeared in the Federal Register on April 3, 2009 (74 FR 15270). No comments were received as a result of the Notice. A copy of the Federal Register Notice is reference in the submission to the OMB.

9. Respondents will not receive any payments.

10. There is need for confidentiality with respect to all owners of Marine VHF radios with Digital Selective Calling (DSC) capability in this collection. Pursuant to § 208(b) of the E-Government Act of 2002, 44 U.S.C. § 3501, in conformance with the Privacy Act of 1974, 5 U.S.C. 552(a), the Wireless Telecommunications Bureau (Bureau) instructs licensees to use the FCC’s Universal Licensing System (ULS), Antenna Structure Registration (ASR), Commission Registration System (CORES) and related systems and subsystems to submit information.¹ CORES is used to receive an FCC Registration Number (FRN) and password, after which one must register all current call signs and ASR numbers associated with a FRN within the Bureau’s system of records (ULS database). Although ULS stores all information pertaining to the individual license via the FRN, confidential information is accessible only by persons or entities that hold the password for each account, and the Bureau’s Licensing Division staff. Upon the request of a FRN, the individual licensee is consenting to make publicly available, via the ULS database, all information that is not confidential in nature.

Information on the marine VHF radios with DSC capability is maintained in the Commission’s system of records, FCC/WTB-1, “Wireless Services Licensing Records.” The licensee records will be publicly available and routinely used in accordance with subsection (b) of the Privacy Act. FRN Numbers and material which is afforded confidential treatment pursuant to a request made under 47 CFR § 0.459 will not be available for public inspection. Any personally identifiable information (PII) that individual applicants provide is covered by a system of records, FCC/WTB-1, “Wireless Services Licensing Records,” and these and all other records may be disclosed pursuant to the Routine Uses as stated in this system of records notice.

11. The Commission believes that this information will not raise any questions or issues of a sensitive nature for respondents. In instances where consumers provide personally identifiable information (PII), the FCC has a System of Records Notice (SORN), FCC/WTB-1, and “Wireless Services Licensing Records”, to cover the collection, use storage, and destruction of PII. A full explanation of the safeguards may be found in the Privacy Impact Assessment that the FCC completed on June 2, 2007 and that may be viewed at: http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.

12. We estimate that 40,000 owner's of marine VHF radios will be required to register information with private entities. It will take each owner approximately .25 hours to complete the registration process, including providing this information to a private entity.

40,000 respondents x .25 hours = 10,000 total Annual Burden Hours.

13. Estimate of cost to respondents: None.

a. There are no capital or start-up costs.

b. There are no operational or maintenance costs.

14. Estimated annual cost to the Federal Government: None.

15. There is an increased adjustment to the estimated number of respondents/responses for this information collection, which increased the hourly burden, due to an inaccurate estimation of the number of respondents in the original submission. The Commission, at the time, miscalculated the amount of time that it would take respondents to file on-line. With this submission to the OMB, the Commission is reporting more accurate estimates.

16. The data will not be published for statistical use.

17. We do not seek approval to not display the expiration date for OMB approval of the information collection.

18. There are no exceptions to Item 19.

B. Collections of Information Employing Statistical Methods:

No statistical methods are employed.

1 These instructions have been approved by the Office of Management and Budget (OMB) under Control Number 3060-1042.